R v Armstrong [2015] NSWDC 363

District Court New South Wales

Medium Neutral Citation: R v Armstrong [2015] NSWDC 363 Decision date: 19 November 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offences of aggravated break, enter and commit serious indictable offence and using an offensive weapon with intent to prevent arrest, an aggregate sentence of 6 years and 3 months with an non-parole period of 4 years.

Direction that no action be taken in respect of the 3 breaches of good behaviour bonds. Catchwords: CRIMINAL LAW – sentence – particular offences – aggravated break enter and commit serious indictable offence – committed in home of victim – children present – infliction of corporeal violence – mid-range of objective seriousness – use offensive weapon with intent to prevent arrest – use of knife – threat to police officer – serious example of offence – not towards the upper end of scale of objective seriousness – relevant factors – offences committed whilst on conditional liberty – prior criminality – extensive record including similar offences – nature and circumstance of offender – homeless from young age – early drug and alcohol issues – working in custody – undertaking courses – genuine remorse – insight into offending evident – medium risk of reoffending – pleas of guilty at earliest opportunity – 25% discount – special circumstances for altering ratio between head sentence and non-parole period – will require intervention to resettle into community – youth of offender – 21 years old – need for rehabilitation – Form 1 for offence of being armed with intent to commit serious indictable offence taken into account Legislation Cited: Crimes Act 1900 (NSW), ss 33B(1)(a),112(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 98(2)(a) Category: Sentence Parties: Regina (Crown) Danny Armstrong (Offender) Representation: Solicitors: T Hennessy, Office of the Director of Public Prosecutions (NSW) (Crown) P Johnson, Paul Johnson (Offender) File Number(s): 2015/000702